Building Control

THE BUILDING CONTROL DIVISION

The Building Control Division is responsible for the approval process of building plan applications and the enforcement of statutory requirements regulating buildings, in terms of the National Building Regulations and Building Standards Act (Act 103 of 1977). It ensures that all applicable legislation and other relevant standards are conformed with. The division also regulates the Outdoor Advertising, Heritage and Building Aesthetics in the municipal area in terms of the By-law.

Relevant Legislation / Policies

National Building Regulations and Building Standards Act of 103 of 1977
The By-Laws relating to the Outdoor Advertising, Heritage and Building Aesthetics in the Municipal area.

Building Plan Approval Process

Building plan application process

All building plans requesting approval for building work must be submitted through the Building Plan Portal. Plans drawn by hand are required to be scanned and submitted electronically. The submission progress and its updates are emailed to the applicant through each stage of the building plan application process.

Building plan power of attorney: Regulation A1(9) agreement

You can grant another person the authority to act on your behalf, by signing a Power of Attorney: Regulation A1(9) Agreement Form. This authorisation must then form part of the supporting documentation necessary for the submission of the building plan application, and includes the permission to complete and sign the SANS and application forms required in accordance with the National Building Regulations.

You are accountable as the registered property owner, to ensure adherence to the obligations particularly where your duly authorised nominee has not adhered to the terms of the abovementioned agreement in terms of the National Building Regulations Act or the By-Laws relating to the Outdoor Advertising, Heritage and Building Aesthetics in the Municipal area.

SANS 10400 forms

All relevant SANS forms must be signed and submitted as part of your building plan application via Building Plan Portal.

Submit your Plans

The applicant submits the building plan application through the Building Plan Portal, the plans receiver checks and verifies if the application is fully compliant. If correct, the scrutiny fees are calculated for invoicing. The invoice for payment of the scrutiny fees is emailed to the applicant. The payment can be made at the Customer Services Centre’s or via EFT.

Only on the provision of a formal receipt of payment (building control cannot accept notice or proof of payment) can the plan be accepted into the system.

Site Pre-inspection and Circulation Process

A pre-inspection (refers to any on-site inspection done prior to the formal approval of the building plan) will be conducted by the area building inspector. The building plans are thereafter forwarded to various departments for comments.

Consideration and Outcome Process

After departments comments are received, the plans are circulated to the building inspector who scrutinizes the plans and reviews the comments, an outcome is formulated and submitted to the building control officer for a memorandum of recommendation to the decision-maker for an outcome. The applicant will be informed through the system email correspondence of the outcome of the application.

Amended Building Plan Applications

If the building plan needs to be amended, the applicant/agent will be informed of the required amendments and the revised building plan needs to be resubmitted at no additional cost within a period of one (1) year provided that they do not substantially differ from those that were originally submitted. On receipt of the amended building plan, the plan will then be re-circulated to the departments that required additional information and if these amendments were done and confirmed as such by the departments, an outcome will be formulated by the building inspector and send to the building control officer for the memorandum of recommendation to the decision-maker for an outcome. The applicant will be informed through the system email correspondence of the outcome of the application.

Swimming pool indemnity form

If the building plans include a swimming pool, the application has to include an indemnity form stating that access to the pool is, and will be, controlled at all times by the owner.

Minor building works

Minor building works are defined in a number of ways. This includes erecting a poultry house or chicken coup. It can also include a wood or coal shed, a tool shed, a children’s playhouse, cycle sheds, greenhouses, replacing a roof using the same or similar materials, converting a door into a window. Other such works may also be considered minor building works if the local authority believe that plans are not necessary for construction to be completed. However, this is up to the building control officer. There are exceptions to the rule, however it is left to the local authority to determine whether or not you will need plans. Another obvious fact is that the minor building structure needs to match the desired purpose. Thus, you are not able to say that you are building a chicken coup but instead erect a brick building with windows which is suitable to live in.

Building Inspections

Intention to Commence Erection of a Building and Notice of Inspection

Once the building plan has been approved. The different inspections to be carried out are:

Commencement inspection and Trenches / Excavations inspection
Drainage / Sewer inspection, and
Completion inspection / Occupation inspection.

Commencement inspection – It is required that the owner/contractor should give four (4) notice to the building inspector exclusive of a Saturday, Sunday, or public holiday prior to the commencement of any building work on site. In most instances, the commencement and Trenches / Excavations inspection are combined.

It is the responsibility of the owner to request the different inspections at the different stages of construction work. Requests for building inspections must be submitted two (2) days prior to the date of inspection. Once the completion inspection has been done and is compliant an occupation certificate is issued on the written request of the owner within fourteen (14) days.

Demolition of any Building

No demolition of any building may commence on the site unless notice has been given to building control by the owner of such building, stating the date on which such demolition will commence. Such notice shall in the case of the demolition of a building be submitted, at least ten (10) days prior to inspection, exclusive of a Saturday, Sunday or public holiday, before such work commences.

Suspended building work

Once you have started building work, it may not be suspended for longer than three (3) months. We may issue a written notice requiring you to resume and complete the work within a specified period of time if building work does not commence after three (3) consecutive months.

If you fail to comply with the notice and we believe the unfinished structures are unattractive, dangerous, or detracting from the neighbouring properties’ value, you may be ordered to demolish the unfinished structures and remove all remaining building materials and rubble from the site. Alternatively, we may perform the demolition and removal on your behalf and at your own expense.

Temporary Buildings

You will be required to submit an application through the Building Plan Portal if you are erecting short-term structures. Temporary structures which include builders’ sheds, toilets, as well as, any other building that is erected for temporary use during a building project. In order to gain approval for erecting a temporary structure, you will need to indicate on your plans what you intend to use it for as well as how long it will be erected for. We will also need to know the details of where it will be placed and finally, we will need to know of the availability of the necessary materials required for it to be constructed. Another obvious fact is that the temporary building structure needs to match the desired purpose. Thus, you are not able to say that you are building a chicken coup but instead erect a brick building with windows which is suitable to live in.

Requesting Copies of Building Plans

You can request copies of plans at our offices using the Request for Copies of Plans Form. Copies of the owner’s identity document and municipal rates account need to accompany this form.

If the property owner has appointed an estate agent or professional other than themselves, then the owner needs to issue the person with a letter of consent. The person must also produce their identity document at the time of submitting the form.

Hoarding Permit

If the scale and nature of your building project may affect or threaten pedestrian movement on any public footways or pavements, you may need to visit our office to apply for a hoarding permit.

A hoarding permit allows you to screen off the construction activities from any nearby public areas to ensure the public’s safety. For this application, you will need a basic layout plan illustrating the position, type, and nature of the proposed hoarding structures. This is a fairly quick and simple procedure.

Extending validity of approved Building Plan

An approved building plan remains valid for one year from the date of approval. If building work has not started within that year, you can apply to extend the validity period. To apply you will need to submit a written request well in advance of the expiry date.

Submission Process relating to the Outdoor Advertising, Heritage and Building Aesthetics.

Submit your Plans

The applicant submits the building plan application via email to the Building Inspector (Outdoor Advertising, Heritage and Buildings) who checks and verifies if the application is fully compliant and correct. The Building Inspector (Outdoor Advertising, Heritage and Buildings) then sends an email to the applicant to confirm that the applicant may proceed and make a payment of the scrutiny fees which the applicant receives via email and can pay at the Customer Services Centre’s or via EFT. Only on the provision of a formal receipt of payment (building control cannot accept notice or proof of payment) can the plan be accepted into the system.

Application to Heritage Western Cape

According to section 34 (1) National Heritage Resource Act, no person may alter or demolish any structure or part of a structure that is older than 60 years without a permit issued by the relevant provincial heritage resource authority.

Consideration and Outcome Process

Building Inspector (Outdoor Advertising, Heritage and Buildings) may decide whether the application needs to be tabled at the committee meeting. After the receipt of the comments on the building plan application from the committee, the Building Inspector (Outdoor Advertising, Heritage and Buildings) will send out the minutes to the applicant through email and inform the applicant of the outcome.

Supported Building Plan

Supported building plan remains valid for three years from the date of a permit. If building work has not started within three years the applicant may re-apply. To re-apply the applicant needs to submit a written request well in advance of the expiry date and attached the approved plans.

Consultation

Consultation is required for the different types of application, and at various different stages in the application process.

Tariffs and tariff procedures

When submitting a building plan application, scrutiny fees will be calculated according to official tariffs. These fees must be paid in full on the submission of the application and are not refundable if the application is refused.

2024/2025 Tariffs

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